Madhya Pradesh High Court: Husband Cannot Be Charged with Rape Under IPC, FIR Quashed
The Madhya Pradesh High Court has ruled that a husband cannot be held guilty of rape under current Indian law, as marital rape is not recognised as a crime under the Indian Penal Code (IPC).
The Court also said that sexual acts between a married couple, even if not considered traditional intercourse, cannot automatically be called “unnatural”, as marriage is about more than just reproduction.
Justice Sanjay Dwivedi made these observations while dismissing an FIR filed by the wife of Umang Singhar, a sitting member of the Madhya Pradesh Legislative Assembly. The wife had accused him of rape and unnatural sex under Section 376(2)(n) and Section 377 of the IPC.
In her complaint, the wife claimed her husband had forced her into unnatural sexual acts. However, the husband’s lawyer argued that the couple was legally married and the sexual acts occurred during the marriage.
The Court accepted this argument and ruled that such acts do not fall under the definition of rape or unnatural sex as per Indian law. It also noted that the couple had a long-standing relationship before marriage and later filed cross-complaints after their relationship soured.
The Court also dismissed charges under Section 294 (obscene acts), Section 506 (criminal intimidation), and Section 498A (cruelty to women), stating that there was no evidence of dowry demand and the complaint appeared to be malicious prosecution.
Justice Dwivedi referred to the Supreme Court’s Navtej Singh Johar judgment, which ruled that consensual same-sex relations are not criminal. He emphasized that mutual sexual satisfaction in marriage is natural and not restricted to only reproductive acts.
“If any act between husband and wife brings them closer and gives them pleasure, it should not be labelled unnatural,” the judge added.
“Section 375 IPC includes all types of consensual sexual acts between husband and wife.”
With these findings, the High Court allowed the husband’s plea to cancel the FIR and closed the case.
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